In the Spotlight: The Assignment Provision
May 24, 2013
Tenants are accustomed to negotiating assignment provisions heavily as they relate to a third-party transfer. However, the effects that such provisions can have on a tenant's corporate autonomy are often overlooked.
When Worlds Collide
May 24, 2013
The first part of this article discussed the collision of the bankruptcy and public finance worlds, and the damage caused to bondholders and their respective professionals. The discussion concludes herein with a look at two additional rulings.
The Evolution of New Value Plans
May 24, 2013
A recent decision by the Seventh Circuit Court of Appeals, <I>In re Castleton Plaza, LP</I>, has put into question the application of the new value corollary in future Chapter 11 cases.
Financing the Cloud
May 20, 2013
One subject not getting near enough attention is the role IT financing will play as companies migrate to the cloud in a bid to save costs and bring added flexibility to their business models.
Recovery of Make-Whole Premiums
May 02, 2013
Earlier this year, the U.S. Bankruptcy Court for the Southern District of New York added to the debate on alender's right to recover a make-whole premium as part of its allowed claim in a bankruptcy case.
Cyberinsurance: Making the Policy Fit
May 02, 2013
It seems that everyone these days, from President Obama to Facebook account holders, is concerned about cybersecurity. Data breaches and cyberintrusions are front page news, and businesses are warned to take a 'when, not if' approach to these threats.
e-Discovery 3.0: Preparing for a New Era of Forensic Collections
May 02, 2013
When a corporation involved in a high-profile lawsuit last year wanted to find an incriminating text message that a former employee intentionally deleted from his mobile phone, its legal team did not conduct a nationwide manhunt for the sender's device or subpoena his wireless carrier. In the modern era of high-tech litigation, the company's forensic specialists simply used the UFED Touch Ultimate data extraction, decoding and analysis tool from Israel-based Cellebrite Ltd.
Changes in the Legal Tech Market As Viewed Through Recent M&A Activity
April 30, 2013
Over the past few years, especially since the onset of the 'Great Recession' and even now during what appears to be an economic recovery, there has been increased talk about meaningful changes to the legal market. While there are a number of ways to analyze these changes, one interesting approach is to look at acquisition and private investment activity in the legal market over that same time period.
Is Outsourcing an Opportunity for Law Firms?
April 30, 2013
Although outsourcing is a bad word among some categories of employees, it allows companies to focus on core competence, build expertise, control expenses, eliminate waste and directly provide value to clients or customers. Ideally, the vendor bears the overhead cost for the outsourced service, and when the need comes to an end, so does the financial relationship.
Expected Impact of Supreme Court First-Sale Ruling
April 30, 2013
The U.S. Supreme Court's recent ruling in <i>Kirtsaeng v. John Wiley & Sons</i>, that a legally obtained copyrighted work can be imported into the United States and resold without permission from the copyright owner, even if it was manufactured and sold overseas, has broad legal ramifications going forward, intellectual property attorneys say.
